Fort Worth weekly gazette. [volume] (Fort Worth, Tex.) 1882-1891, 1887-07-01
SENTENCED FOR LIFE
Henning's Counsel Ask for G New
Trial OF an Affidavit Dis
claimed by the Signer.
Tho Motion for New Trial oyerruled
and Sentence Imposed Judge
BsCkhRm on Perjury,

Friday morning the attorneys ioI
Henry Q. Henning, who was convicted
last week of the murder of Richard Town
send and given life term in the peniten-
tlary, made g motion for & new trial,
which was promptly oyerruled by
Judge Beckham, who sentenced
Henning in accordance with
the verdict. Henning's lawyers
then gave notice Of appeal. Their main
reliance for new hearing in the District
court was based on statement sworn to
and signed by officer O. T. Darby to the
effect that the first shot fired in the san
culinary conflict in which Townsend wss
slain, came from the officers instead
Of from the party of strikers,
among whom was Henning. Knowing
that Officer Darby was present at the
fight, and had said from the first and re-
peatedly since, that the strikers were first
t. fire, e GAZETTE man sought him out
and asked en- explanation of his signing
an instrument directly TO the reverse OF
al his previous statements.
HIS EXPLANATION.
YESTERDAY morning." said the officer,
al wss asked by Mr.. Priest zone
of HenniDg's attorneys to make
Il statement Of the fight in which Town
send was killed. l did SO, telling hin
that the first shot came from one Of the
striking crowd, and that as soon as it
was fred one of our side shot back. The
same afternoon Mr.. Priest asked me if
would swear to the statement made that
morning. told him yes, end ne pro-
ceeded TO read from paper. Being in 8
hurry, told him that il it was the
same thing had repested, I
would sign it without waiting
TO hear it all read. He said it was the
same thing, and so l swOre to and signed
the paper, thinking it was sll right"
The officer seemed astonished when
he learned that the affidavit read in court
with mis- signature attached threw the re-
SpOnsibility of the attack on the men
with whom he was acting IN putting
down lawlessness. He had no idea,
he said, that the affidavit
contained any such statement, otherwise
ne would never have put his name to 1t,
PART OF THE RECORD.
1t was learned that some time after the
motion had been overruled that Officer
Darby went to Mr.. Priest and induced
that gentleman to go TO the courthouse
for the purpose of withdrawing the pa
per which Darby had signed.
Judge Beckham would not listen
to the request. 1t was,
he said, q part of the record of the case
and could not be Withdrawn. sueges-
ton was made as TO the ACCESSIBILITY OF
going before the grand Jury, and later
Darby did go before that body, where no
doubt he made sn explanation similar 20
that given the reporter
At . O'Clock in the afternoon the grand
jury Was called before Judge Beckhgm
for special charge. He gave them some
very straight talk about the crime
of false swearing and subornatlon there
of, without regard to sny particular case.
He instructed them what their duty was
in such matters, snd urged the perform
anCe Of that duty.
In private conversation Judge Beck
hsm was heard to express great deal Of
indignation ct the lmpunity with which
perjury is practiced and It's disgraceful
prevalence.
The affair created great deal of talk
IN courthouse circles, and also on the
streets. 1t is understood that Mr.. Priest
effirms that the affidavit was read by the
officer before he signed It, and the matter
Is thus narrowed down 70 ds$act ques-
ton of veracitY between these